tag:www.robertslawteam.com,2013-03-21:/blog/17412018-01-12T18:22:41ZMovable Type Enterprisetag:www.robertslawteam.com,2015:/blog//1741.30888462015-01-02T15:27:48Z2018-01-12T18:22:41Z
According to the North Carolina Department of Revenue, a 56-year-old woman stands accused of embezzling approximately $30,000 in withholding tax money for the state.

The woman was arrested last month on six charges of embezzling state property. She is the owner of a business located on Jonestown Road in Raleigh, Future Young Scholars Child Development Academy.

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According to arrest warrants filed in the case, the owner allegedly aided and abetted the embezzlement, misapplication and conversion of $29,803.49 in state revenues from the six-year period from 2008 to 2014 while serving as the academy president.

Records from the North Carolina Secretary of State show that the Future Young Scholars Child Development Academy was incorporated on March 29, 2006. In 2010, the academy was dissolved for failing to file its annual reports but was later reinstated in 2011.

The revenue department's Criminal Investigations Section was investigating the woman. After her arrest, she had an appearance in front of a magistrate with Forsyth County. The magistrate placed her under a secured bond of $50,000.

Neither the Wake County Jail nor the Forsyth County Jail had records indicating the woman was an inmate at either facility. She is due in Raleigh's Wake District Court on Jan. 16.

Prosecutors of white collar crime have enormous resources at their disposal in order to rack up convictions of defendants. It can be quite daunting facing multiple charges that will net long prison terms if convictions result. If you are facing similar circumstances and want to try to level the playing field, you may wish to speak with a North Carolina criminal defense attorney familiar with handling white collar crime.

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tag:www.robertslawteam.com,2014:/blog//1741.30888372014-11-20T20:52:59Z2018-01-12T18:22:40Z
In the North Carolina General Statutes, the crime of embezzlement is referenced in Chapter 14, Article 18. In general, embezzlement refers to the theft or larceny of money, property or other assets by an individual in a position of responsibility or trust over said resources and usually takes place in corporate and other employment settings.

Sometimes, in order to cover up evidence of the crime, accused embezzlers manipulate accounting records. This can occur if someone is tasked with the responsibility of managing another's money but instead converts or misappropriates these assets for their own use and personal gain.

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Two example of those who may be tempted to embezzle are store clerks and bank tellers, both of whom handle others' money throughout the course of their working day.

Embezzlement can take place over time, with small increments of money being converted for personal use over months or even years before the discrepancy is noticed. Others who stand accused of the crime may have allegedly taken one large sum in a single incident. This can be accomplished though falsifying payroll checks to non-existent employees, falsifying accounting records, billing for fraudulent goods or services or via complicated Ponzi schemes. There are many creative methods embezzlers have employed.

In some cases, the embezzled assets are not cash, as when an employee misuses company property like vehicles or computer equipment as their own.

Four elements must be proven to secure a conviction for embezzlement.

-- A fiduciary relationship must exist between the party accused of embezzling and the alleged victim, meaning that one relies upon the other.

-- The accused must have acquired the asset or resource via that relationship and not in another way.

-- The accused must have taken actual ownership of the embezzled resource or asset or facilitated its transfer to another person or corporate entity.

-- The accused must have done so intentionally.

Embezzlement is a serious felony charge that can carry stiff penalties. A North Carolina criminal defense attorney can advise those accused of these crimes on their best defense options.

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tag:www.robertslawteam.com,2014:/blog//1741.30888352014-10-23T22:52:04Z2018-01-12T18:22:40Z
People who have led honest, productive lives can get caught up in white collar crimes. Sometimes, the potential for seemingly-easy money is hard to resist. Financial stresses can also lead people to make bad decisions. Some convince themselves that no one is really hurt by their actions.

Here in Charlotte, North Carolina, many people have watched with shock and dismay as now-former Mayor Patrick Cannon was accused of taking bribes and sentenced to nearly four years behind bars. According to prosecutors, Cannon, who resigned when he was arrested in March, accepted bribes from undercover federal agents whom he thought were developers asking him to expedite permits and zoning approvals for their projects. They say the bribes, in addition to almost $50,000 in cash, included a hotel room, airline tickets and access to a luxury apartment.

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Prosecutors say that Cannon accepted the bribes starting in January 2013, when he was still on the city council and during his short-lived stint as mayor. Voters elected him to that spot in November of last year.

The former mayor, who pleaded guilty this summer to honest services wire fraud, was contrite at his sentencing this month. He told the judge that he had failed as a "servant leader," citizen, husband and father. His attorney says that his client is "struggling to understand" his own actions.

The judge, however, described these actions as "raw greed" that "seriously tarnished the city's image." Both the judge and federal prosecutor spoke of the necessity to "send a message" that this kind of activity by a public servant will not be tolerated.

Cannon's sentence of 44 months behind bars and a $10,000 fine could have been much worse -- up to two decades and $250,000. However, his attorneys asked for leniency based on his long record of public service. They also noted how much Cannon overcame, pulling himself up from his inner-city roots to get an education and go on to help others in need.

Although we often hear complaints about Wall Street bankers and others getting away with white collar crimes such as fraud and embezzlement, the truth is that such crimes can carry stiff penalties. People can lose years of their freedom and be required to pay significant fines. That's why it's essential to have an experienced defense team on your side that can work to help minimize the damage to your life.

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tag:www.robertslawteam.com,2014:/blog//1741.30888292014-09-12T18:15:49Z2018-01-12T18:22:39Z
Do you know the types of crimes that are considered "white-collar" violations? In most situations, white collar crimes involve financial misdeeds that are often attributed to those with larger personal resources. However, this category of crime comprises a wide variety of violations for North Carolina defendants. Today, we learn more about the most common types of white collar crime.

Many white collar crimes fall under the category of fraud. Securities fraud is one of the most common -- consider Martha Stewart's conviction for insider trading, for example. Executives who provide advantageous earnings information to interested parties may be violating the law. Securities fraud also occurs when company representatives knowingly misstate key facts about the company in order to lure in investors. Mortgage fraud and insurance fraud also fall under this umbrella.

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Did you know that tax evasion is considered a white collar crime? Although many people who avoid paying taxes may not be considered rich, they are still committing a serious violation. Criminal tax evasion occurs when a defendant is accused of avoiding taxes that would otherwise be owed. This can include filing documents with false information and illegally transferring property. Individuals and businesses can both be accused of tax evasion.

What other types of white collar crimes exist? Embezzlement is also considered a white collar crime. Someone accused of embezzlement is thought to have improperly taken money from someone with which there is a professional relationship. Workers who take money from their employers may be accused of embezzlement.

All of these white collar crimes can lead to serious penalties, up to and including jail time. Without the assistance of an experienced legal team, defendants may find themselves facing significant consequences. Defendants who are accused of white collar crime deserve to have their legal rights protected in court by an experienced team of professionals.

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tag:www.robertslawteam.com,2014:/blog//1741.30888222014-08-15T21:44:27Z2018-01-12T18:22:38Z
Two Greensboro, North Carolina, residents have pleaded guilty to federal allegations in connection with a fraudulent sweepstakes system in Costa Rica. The pair, a 39-year-old woman and her 41-year-old husband, were accused of white collar crimes after they allegedly established a sweepstakes program in Costa Rica. That program was reportedly designed to fraudulently solicit funds from U.S. residents, many of whom were elderly. In all, the couple is accused of making off with more than $840,000 because of the scheme.

Federal investigators say that the couple set up several call centers in Costa Rica. They would contact Americans to tell them that they had won a large cash prize through a foreign sweepstakes. In order to receive that prize money, though, the victims were told that they had to send money to Costa Rica as an "insurance fee" that would be refunded later. The couple then apparently never returned the money.

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The couple was accused of using Internet technology to mask their call location. Victims saw a number that originated in Washington, D.C., according to official reports. The couple apparently told victims that they represented a federal agency.

A sentencing date has not yet been set for this couple. However, since the pair is accused of federal financial fraud, they could face hefty consequences for the violations. Criminal defendants who are facing such long-term consequences may consider the use of a plea agreement, which can provide favorable terms in exchange for a guilty plea. Defendants should carefully consider their plea decision, as this particular choice can have lasting ramifications. Each criminal defense case is different and deserves a customized approach to promote the rights of the defendants involved.

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tag:www.robertslawteam.com,2014:/blog//1741.30888192014-07-11T14:18:39Z2018-01-12T18:22:38Z
A physician who reportedly hid millions of dollars in income from the federal government has officially pleaded guilty to tax evasion and health care fraud. The man, who had been an owner in North Carolina's Northcross Medical Center, will also pay more than $6 million in connection with a civil fraud case that accompanied the tax evasion and health care fraud allegations. The 55-year-old man will be paying the largest-ever settlement in the Western District of North Carolina for a single physician.

Authorities say that the defendant not only wrongly billed Medicaid and Medicare for services that were not necessary, but he also hid a significant amount of money to avoid income taxes. The health care fraud reportedly occurred from 2009 to 2013, when the man and his associates allegedly over-billed the government programs for services that were either unnecessary or never performed at all. Many of the services were actually ordered for the man's family members or relatives of his staff.

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The defendant could face up to 10 years' prison time for the fraud charges, along with an additional five years for tax evasion. The man was accused of hiding about $2.4 million in company earnings, which he claimed was being used for business expenses. The defendant is accused of using that money to build a palatial estate on a lake in North Carolina, withholding thousands from federal coffers.

This defendant has chosen to enter a guilty plea for the charges he faces in federal court. Although guilty pleas are appropriate for some clients, it is important to remember that they are not useful in all criminal cases. The decision to plead guilty should not be taken lightly, and it should be part of an overall legal strategy designed to protect defendants' legal rights in court.

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tag:www.robertslawteam.com,2014:/blog//1741.30888122014-06-20T06:47:23Z2018-01-12T18:22:38Z
A North Carolina man who owned a local funeral home has pleaded guilty to charges that he embezzled money from his business. The 27-year-old man has already had his professional license revoked this year. He was officially charged in January with white collar crimes including obtaining property by false pretense and embezzlement.

Authorities say that the man is accused of taking about $1,500 from his business, Williams Funeral and Cremation Service, after a client submitted a payment for a service contract. The money was collected, but an account was never opened, according to authorities. The customer complained to local authorities, indicating that she had purchased the pre-need contract, but she had never received the associated legal documents. The man has since repaid the woman the money.

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The man will face only modest penalties, as he was able to enter a guilty plea through the North Carolina first-offenders program. The man's prosecution will be deferred for a year, and he will be placed on probation. He will have all charges dismissed if he abides by the terms of the probation. In this case, the man must write a letter of apology, complete 100 hours of community service and remain employed in order to qualify for the dismissal of charges.

Such small-time criminal defendants may be able to receive clemency through diversion programs, even for white collar crimes. Serious jail time and long-term consequences are not appropriate for every criminal situation, especially if it seems unlikely that the person will re-offend. Attorneys in North Carolina may be able to identify such programs and evaluate their clients' eligibility for alternative sentencing protocol. Some defendants may benefit more from diversionary programs than from serving hard time.

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tag:www.robertslawteam.com,2014:/blog//1741.30888142014-06-05T10:22:22Z2018-01-12T18:22:38Z
The former mayor of Charlotte, North Carolina, has pleaded guilty to a public corruption charge in connection with allegations that he accepted bribes from federal agents. The man, Patrick Cannon, admitted to the white collar crimes on May 27. He will be sentenced on one count of honest service wire fraud, a charge that carries with it up to two decades in prison and a quarter-million dollar fine.

Authorities say they collared the man after undercover federal agents bribed him with cash, hotel rooms and other perquisites. Those agents were pretending to be real estate developers who were interested in creating new projects in Charlotte, the state's largest city. That investigation was launched after an undercover officer tipped off the Federal Bureau of Investigation that the defendant may have been involved in some sort of financial fraud. That began in 2010.

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Cannon will remain free on bond until he is slated to be sentenced. The 47-year-old man admitted to a judge that he was guilty, and he apologized to the media after the hearing. The defendant told news reporters that he was sorry for accepting money for services that would have been rendered through the city. He said he knew that it was unethical, and he should have never committed such fraud while in office.

This criminal defendant decided to plead guilty to the charges he faced. This means that he gave up the right to a jury trial, instead admitting to the allegations in a legal setting. A guilty plea can be a useful tool in certain legal situations; however, it is not appropriate for every criminal defendant. Careful consideration should be given to each criminal plea.

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tag:www.robertslawteam.com,2014:/blog//1741.30888182014-05-09T18:14:45Z2018-01-12T18:22:38Z
The 61-year-old owner of a business in Cabarrus County, North Carolina, is facing felony tax charges after reportedly assisting a corporation with illegal financial moves. The man, who is a corporate officer with Butler Specialties, is facing allegations of white collar crimes including embezzlement of state and county property. Reports show that the defendant was arrested after an investigation conducted by the Department of Revenue's Criminal Investigations Section. He is being held on a $1 million bond, according to news reports, and he has already had his first courtroom appearance.

The man had served as the Secretary/Treasurer at the firm. He was responsible for Butlerbuilt Motorsports Equipment, which was the name Butler Specialties gave to its Concord endeavor. Officials say the man had a duty to collect and pay North Carolina State Taxes, which were due to the state Department of Revenue.

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Authorities say the man is accused of assisting the business in essentially stealing about $400,000 in sales tax from state and county coffers. The company reportedly embezzled and misapplied those assets between December 2003 and January 2014. The man also allegedly helped the business embezzle about $261,000 in North Carolina Withholding Tax between 2009 and 2014.

This criminal defendant is facing allegations of financial fraud related to his company's tax payments. Tax violations are considered serious crimes in North Carolina and other jurisdictions, with state departments of revenue sometimes pursuing criminal charges in order to collect their money.

Defendants who are accused of white collar crimes such as tax evasion or embezzlement may have special courtroom needs that are different from someone accused of property theft or other crimes such as battery. Documentation and data analysis can play a major role in such white collar crimes.

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tag:www.robertslawteam.com,2014:/blog//1741.30888052014-04-17T19:48:14Z2018-01-12T18:22:37Z
A North Carolina native has been convicted on charges of organized fraud during criminal proceedings in Florida. The man, age 65, was accused of defrauding investors in his company. He has been found guilty of allegations that he used corporate investments in his businesses to pay for personal expenses. The financial fraud allegations show that the man may have taken as much as $250,000 from two couples.

Authorities say that the man had solicited investments for three area companies. Financial regulators began investigating him after identifying inconsistencies in his earnings objectives and investment procedures. Ultimately, it appears that the man deposited investments into his personal checking account or that associated with another business. He then used those investments to pay taxes, write payroll checks and even purchase luxuries such as club memberships.

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In this case, the man had been charged with six counts relating to financial fraud, including grand theft and money laundering. During the man's legal proceeding, the Florida Supreme Court promulgated additional jury instructions for trials related to organized fraud. As a result, the jury was forced to choose between convicting the man of the primary charge -- organized fraud, $50,000 or more -- or the set of lesser-included charges. The jury chose the organized fraud charge.

This situation was unusual because new jury instructions were handed down during the course of the man's criminal trial. A criminal defense attorney may be able to explain the implications of such massive overhauls. Further, lawyers may advocate for their clients, protecting their interests even as laws periodically change. Criminal defendants deserve to be indicted and tried for the correct crime using correct methods; an attorney may help preserve those courtroom rights.

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tag:www.robertslawteam.com,2014:/blog//1741.30887962014-02-28T18:49:08Z2018-01-12T18:22:36Z
Two men in North Carolina are facing federal charges after allegedly administering a Ponzi scheme in that state. A U.S. regulatory agency, the Commodity Futures Trading Commission, is pursuing a complaint against the two men, who are accused of white collar crimes involved in soliciting 11 other people to trade in specific marketplaces. The scheme allegedly solicited about $2.3 million through fraud. The CFTC is seeking a variety of civil penalties against the men in connection with the financial fraud.

Authorities report that the two men were allegedly using money from newer investors to pay returns on money that had been invested earlier in the process. Regulators say they are increasing enforcement against this type of investment fraud, especially in the wake of the massive crimes committed by former NASDAQ chairman Bernard Madoff. That man was accused of manipulating more than a billion dollars in his Ponzi scheme.

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Recent cases brought by the CFTC have resulted in major financial hits for those accused of perpetuating Ponzi schemes, thanks to the regulatory crackdown. Criminal restitution has been ordered in one recent scenario, in which a man allegedly misled five investors to give him $1.3 million. Other civil monetary penalties have also been levied in that particular case.

The defendants in this case are facing prosecution from the CFTC for falsely guaranteeing returns, promising unrealistic returns and even misrepresenting investment risks. Further, the pair allegedly used their purported profits for personal purchases instead of properly managing clients' investments. The defendants could face a series of trading and registration bans, along with other serious legal penalties.

Those who are accused of white collar crimes should remember that regulatory agencies may get involved in such cases, in addition to criminal prosecutors. A North Carolina attorney may be able to provide additional information about the restitution and litigation aspects of a criminal trial for a white collar crime. These lawyers may be able to protect their clients' rights as they are prosecuted by federal agencies and law enforcement groups.

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tag:www.robertslawteam.com,2014:/blog//1741.30887892014-02-07T18:35:20Z2018-01-12T18:22:36Z
More than two dozen defendants have been named in an alleged fraud scheme in North Carolina. Investigators say the federal financial fraud occurred during a seven-year period, during which approximately $1 million was taken from area banks. The 27 defendants named in the case are each facing allegations of bank fraud conspiracy. Further, 26 of the defendants have also been charged with bank fraud. They could each face three decades in prison and fines reaching $1 million, according to official reports. Other charges include theft of firearms, aggravated identity theft and possession of stolen mail, among others.

Authorities say they believe the fraud began in 2007, when members of the group started obtaining cash from banks using a variety of methods. Those included using fraudulent ATM cards, along with fake checks. In some cases, the defendants allegedly created checks that were linked to actual accounts; the checks were sometimes stolen or purchased under someone else's name.

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Those checks were then deposited into an account that had very little money, generally using an ATM. Before the bank could process the check, the defendants allegedly withdrew the money, purchasing money orders and using "cash back" options at retail establishments.

So far, 17 of the defendants have been arrested by authorities. Four are already in state custody, and three have agreed to turn themselves in. Three Charlotte men remain at large. Those already in custody were facing state charges; those charges just levied were for federal offenses.

Defendants who are facing fraud charges deserve a fair and unbiased criminal proceedings. These individuals may benefit from the assistance of a qualified North Carolina defense attorney, who can help them learn more about their legal rights and options.

The devil is in the details in allegations of white collar crimes cases. If you are under investigation for financial fraud, including theft, embezzlement, healthcare fraud, tax fraud, corporate fraud, the experience of the attorney you choose to defend you can make all the difference in a future behind bars, a future with a clean criminal record or somewhere in between the two.

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Most North Carolina criminal defense attorneys offer a free consultation to discuss what they can and cannot do for you. You should feel comfortable asking a white collar defense lawyer what his or her experience is defending cases like yours and whether he or she has experience prosecuting the same types of cases. Understanding both sides of a financial fraud case can be a benefit to your overall defense strategy.

In addition to experience, you should ask about the specific training the attorney has had related to white collar crimes defense. This area of the law is continuing to evolve with technology and you should know whether your defense lawyer is on top of investigation and trial techniques that could improve the likelihood that you will walk away from financial fraud allegations.

Most importantly, do not wait until you are arrested to talk to a defense attorney. If you know you are being investigated - you've received a subpoena for documents or the police or federal agents have come asking questions about your business and personal finances - you should have an attorney on your side, protecting your rights.

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tag:www.robertslawteam.com,2013:/blog//1741.30887702013-12-04T21:18:53Z2018-01-12T18:22:34Z
A former North Carolina fire chief is facing embezzlement charges. The former head of a volunteer fire department has been accused of taking at least $100,000 from the organization, based on reports of the charges filed against him. The grand jury returned a true bill on embezzlement and larceny charges against the Robeson County fire chief, meaning he was indicted on the financial crimes. He self-surrendered to authorities after the indictment.

According to the indictment, the financial crimes took place between 2007 and 2009. As with many cases that involve financial fraud or "white collar crimes" such as embezzlement, the investigation has been ongoing since August. News reports do not state whether the former fire chief was aware of the investigation, but our advice to anyone in a similar situation is to contact an attorney right away - do not wait until after you have been indicted to get an attorney on your side.

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An experienced criminal defense attorney can assist you during the investigation phase preceding federal criminal charges, white collar crime allegations and internal investigations. You are not without rights simply because you are under investigation or are the recipient of a target letter from a federal grand jury. An attorney on your side can protect your rights, prevent you from making the case against you any stronger (incriminating yourself) and potentially limit the scope of the investigation.

In some instances, an attorney on your side early enough in the process may mean that you avoid the official filing of criminal charges. An attorney may also be able to negotiate for a reduction in felony larceny or embezzlement charges down to a misdemeanor offense, limiting any jail or prison time that would result from a conviction.

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tag:www.robertslawteam.com,2013:/blog//1741.30887652013-11-15T17:21:14Z2018-01-12T18:22:34Z
For many years, white collar crime has been viewed as a "lesser" crime ? punishable by fines or probation but rarely long jail sentences. This perception, however, may not be accurate. Recent history has shown that authorities are all too willing to pass down heavy sentences for white collar crime. After all, Bernie Madoff, the most famous white collar criminal in recent years, was sentenced to 150 years in prison for his involvement in a Ponzi scheme.

Of course, most white collar crimes are nowhere near as serious as that one. However, a conviction can still result in significant jail time and have a negative effect on career opportunities in the future.

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A woman who now living in Kings Mountain, North Carolina, was recently charged with allegedly embezzling thousands of dollars from a township in New York. The 35-year-old woman was the clerk and treasurer of the Village of Riverside in the southern part of the state. She allegedly overpaid herself over a one-year period of her employment.

The defendant is accused of overpaying herself more than $40,000 between 2011 and 2012. She also is accused of reducing the amount that Riverside residents owed on their water bills, charging them the full amount and pocketing the difference. Authorities also allege that she used city credit cards for personal expenses.

The alleged financial discrepancies were apparently discovered by the city's mayor. He then brought in auditors. Following an investigation, the woman was removed from her job. She then moved to North Carolina.

This month she was arraigned in a New York courtroom. She was then released on her own recognizance, as the judge did not feel she was a flight risk. The investigation into the embezzlement is continuing. Under New York law, she could be facing fines of up to twice the amount authorities determine that she embezzled and face up to seven years in prison.